Motion to Reduce Bail

KENNETH VERCAMMEN & ASSOCIATES, PC 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 Attorney for Defendant d1 State vs d1 Defendant SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY-CRIMINAL Warrant # (No pending Indictment) Criminal Action NOTICE OF MOTION TO REDUCE BAIL TO: Middlesex County Prosecutor 25 Kirkpatrick St. Middlesex County Administration Bldg. New Brunswick, NJ 08903 PLEASE TAKE NOTICE that the undersigned Kenneth A. Vercammen, attorney for the above named defendant, shall apply on A DATE TO BE SET BY THE COURT at 9:00 am in the forenoon or as soon thereafter as counsel may be heard for an Order releasing the above named defendant from custody on his own recognizance, or, in the alternative, for an Order reducing the amount of bail to be posted for release. Reliance to be placed on oral argument and the Certification attached to this Motion. Request is made that the defendant be brought before the Court on the return date of this motion. _______________________________ Dated: KENNETH A. VERCAMMEN, ESQ. Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=69a74669-fd27-4c93-8deb-f0d264160a4dKENNETH VERCAMMEN & ASSOCIATES, PC 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 Attorney for Defendant d1 State vs d1 Defendant SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY-CRIMINAL Warrant # Criminal Action CERTIFICATION IN SUPPORT OF MOTION TO REDUCE BAIL I, ______, of full age, do hereby certify as follows: 1. I am the ______ of the Defendant, d1. I request the Court grant an Order reducing the amount of bail to be posted for release to $50,000.00 with 10% option. 2. d1 and I live at ______________. We have lived their for 6 years. My husband has lived in the area for his entire life. d1 is _______ years old. 3. d1 has never been convicted or arrested for any violation. d1 also has an excellent driving record and never been suspended or charged with drunk driving or any serious offense. 4. d1 lives with _________. d1 has an extended, supporting family. He has ___ children, all whom live in the area. 5. d1 has an excellent job as a _______. He has been employed by _______ since ______ and currently earns $_______ per year. 6. Members of his family will be submitting supporting letters to the court. Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=69a74669-fd27-4c93-8deb-f0d264160a4d7. He has not consumed illegal drugs and does not abuse alcohol. His health is _________ 8. He is not on Public Assistance and actively helps provide for his emancipated children. If he is to be further incarcerated he will lose his job and everything in his life. 9. If the 10% opinion is granted and bail reduced, I will guarantee that d1 will appear. It is my understanding that all persons are entitlement to bail. As a local resident, he is certain to be present at all times when required. He does not even miss work. I have been told that there is a state policy against unnecessary sureties and detention. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. _______ Dated: Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=69a74669-fd27-4c93-8deb-f0d264160a4dKENNETH VERCAMMEN & ASSOCIATES, PC 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 Attorney for Defendant d1 State vs d1 Defendant SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY-CRIMINAL Warrant # (No pending Indictment) Criminal Action BAIL BRIEF As set forth in NJ Practice, Vol. 31, Criminal Practice and Procedure, (1997), Sec 292, the defendant has a right to bail before conviction except if he/she is charged with a crime punishable by death and the prosecutor presents proof that there is a likelihood of conviction and reasonable grounds to believe that the death penalty may be imposed. This means that absent exceptional circumstances the defendant has a right to pretrial liberty if the defendant provides surety in such amount as in the judgment of the court will insure the defendant's appearance at trial. Stated in other terms, the right to bail means that in the absence of exceptional circumstances the defendant has the right to have the court set bail in an amount which does not exceed that which will insure defendant's appearance at trial, and if the defendant can "come up" with cash in that amount, or 10 percent of that amount if the defendant is eligible to be released on 10 percent cash bail, or a bond or other surety, then the defendant must be released. BAIL PROCEDURES Any person unable to post bail shall have his or her bail reviewed by a Superior Court judge not later than the next day which is neither a Saturday, Sunday or legal Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=69a74669-fd27-4c93-8deb-f0d264160a4dholiday. A first motion for a reduction of bail shall be held by the Court no later than 7 days after it is filed. AMOUNT OF BAIL R. 3:26-1(a) provides in relevant part that "all persons, shall be bailable before conviction on such terms as, in the judgment of the court, will insure their presence in court when required having regard for their background, residence, employment and family status and, particularly, the general policy against unnecessary sureties and detention." These factors are specified in more detail in State v. Johnson as follows: seriousness of the charge; the likelihood of conviction and the extent of punishment; defendant's criminal record, if any, and previous record on bail, if any; defendant's reputation and mental condition; the length of his/her residence in the community; defendant's family ties and relationships; defendant's employment status, record of employment and financial condition; the identity of responsible members of the community vouching for his/her reliability; and any other factors indicating defendant's mode of life, or ties to the community. The likelihood of flight must be considered in light of these factors and bail set accordingly. R. 3:26-2[c]. R. 3:26-2[d]. 61 N.J. 351, 294 A.2d 245 [1972]. The Courts often examine some of the following criteria: RESIDENCE -Lived at present residence one year or more. PRIOR RECORD No convictions. FAMILY TIES -Lives with family and has frequent contact with other relatives. EMPLOYMENT Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=69a74669-fd27-4c93-8deb-f0d264160a4d-Has a regular job and not receiving Unemployment Compensation, or welfare aid, or supported by family or savings. TOTAL TIME IN NEW JERSEY -Ten years or more residence or business in New Jersey. MISCELLANEOUS FACTORS MAKING FLIGHT UNLIKELY -Good Health Based on the Certification and caselaw, it is requested that bail be reduced. Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=69a74669-fd27-4c93-8deb-f0d264160a4dKENNETH VERCAMMEN & ASSOCIATES, PC 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 Attorney for Defendant d1 State vs d1 Defendant SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY-CRIMINAL Warrant # (No pending Indictment) Criminal Action ORDER TO REDUCE BAIL This matter having been opened to the Court upon motion of Kenneth A. Vercammen, Esq. , attorney for d1 for an Order to reduce bail, and the Court having considered the Certification submitted, documents attached in support of the Motion, and the argument of counsel, if any, and for good cause shown, it is on this ______ day of __________ ORDERED that the bail is reduced to ______________________________ and it is FURTHER ORDERED that a copy of this order be served upon County Prosecutor within ten (10) days. _______________________________ J.S.C. __ Opposed __ Unopposed Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=69a74669-fd27-4c93-8deb-f0d264160a4d

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